'Brain-dead' woman removed from life support

On Sunday, the John Peter Smith Hospital in Fort Worth removed Marlise Munoz from life support. A judge had ruled that Munoz should not be kept on life support for the sake of her fetus. 

Escorted through the throng of journalists by his attorneys, Erick Munoz leaves the courtroom following a judge's ruling in his wife's life or death case at the Tim Curry Criminal Justice Center, in Fort Worth, Texas on Jan. 24. Munoz's wife Marlise, about 23 weeks pregnant, was removed from life support on Sunday. Doctors declared her 'brain dead' in November.

Tom Fox/The Dallas Morning News/AP

January 26, 2014

The family of a "brain-dead," pregnant Texas woman said Sunday afternoon that she has been removed from life support following a judge's ruling that a Fort Worth hospital was misapplying state law in the case.

A statement Sunday by lawyers for the husband of Marlise Munoz says she had been disconnected from life support and her body released to her husband, Erick Munoz.

The family "will now proceed with the somber task of laying Marlise Munoz's body to rest, and grieving over the great loss that has been suffered," the statement says.

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Earlier Sunday, J.R. Labbe, a spokeswoman for John Peter Smith Hospital in Fort Worth, issued a statement saying the hospital "will follow the court order" issued Friday in the case of Marlise Munoz.

"From the onset, JPS has said its role was not to make nor contest law but to follow it," the statement says. "On Friday, a state district judge ordered the removal of life-sustaining treatment from Marlise Munoz. The hospital will follow the court order."

Judge R.H. Wallace had given the hospital until 5 p.m. Monday to comply with his ruling to remove Munoz from life support, which Erick Munoz says is what his wife would have wanted.

Mrs. Munoz was 14 weeks pregnant when her husband found her unconscious Nov. 26.

Both the hospital and family agreed before Wallace's ruling that Marlise Munoz meets the criteria to be considered brain-dead — both medically and under Texas law — and that her fetus, at about 23 weeks, could not be born alive this early in pregnancy.

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The case has raised questions about end-of-life care and whether a pregnant woman who is considered legally and medically dead should be kept on life support for the sake of a fetus. It also has garnered attention on both sides of the abortion debate, with anti-abortion groups arguing Munoz's fetus deserves a chance to be born.

Erick Munoz and his wife both worked as paramedics and were familiar with end-of-life issues. He insisted both were clear that they did not want to be kept alive by machines in this type of situation.

But the hospital argued it was bound by Texas law that says life-sustaining treatment cannot be withdrawn from a pregnant patient, regardless of her end-of-life wishes.

Legal experts interviewed by The Associated Press have said the hospital was misreading the law and that the law doesn't have an absolute command to keep someone like Munoz on life support.

Larry Thompson, a state's attorney arguing on behalf of the hospital Friday, said the hospital was trying to protect the rights of the fetus as it believed Texas law instructed it to do.

"There is a life involved, and the life is the unborn child," Thompson said.

But on Sunday, the hospital backed down in the face of the judge's order.

"The past eight weeks have been difficult for the Munoz family, the caregivers and the entire Tarrant County community, which found itself involved in a sad situation," the hospital's statement says. "JPS Health Network has followed what we believed were the demands of a state statute."